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6/28/2010 1:32:36 PM
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Board Meetings
Board Meeting Date
4/30/2004
Description
23G
Board Meetings - Doc Type
Executive Session
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facility owners as weighed against environmental interests such as protection of fish and wildlife <br />habitat. FLPMA requires all land -use authorizations to contain terms and conditions which will <br />protect resources and the environment. In responding to public comments, the Forest Service <br />expressly acknowledged that issuing a special use authorization without terms and conditions <br />requiring by -pass flows, "depending instead on voluntary achievement of Forest Plan objectives <br />appears to be inconsistent with FLPMA." (AR -LD at 3162.) "Once it is determined that certain <br />resources are at risk and require such terms and conditions to protect them, then neglecting to <br />include the terms and conditions in the authorization, as proposed in Alternative B, would be <br />inconsistent with FLPMA." Id. The Act simply does not allow a forest supervisor to ignore <br />options that would minimize environmental degradation because of the costs to private parties <br />and difficulty in implementation. <br />The Government argues that the obligations of § 505 of FLPMA must be placed in the <br />context within which the Forest Service operates when fulfilling its statutory obligations of <br />"multiple use." The Government contends that meeting the mitigation requirements of FLPMA <br />is a case -by -case determination controlled not only by the terms of § 505, but also by the terms of <br />the other statutes governing the National Forest lands: the Organic Administration Act, the <br />Multiple -Use, Sustained -Yield Act, and the National Forest Management Act. Thus, the <br />Government argues, Supervisor Underwood clearly had the discretion to engage in balancing as <br />he considered the requirements of § 505. <br />Even assuming that the Forest Service was entitled to balance environmental interests <br />against the use of Forest lands for water facilities, its explanation for its decision runs counter to <br />the evidence before the agency. After identifying Alternative B (without bypass flows) as the <br />-25- <br />
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